PRAWO DO SĄDU W PRAWIE ADMINISTRACYJNYM
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Date
2006
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Wydział Prawa i Administracji UAM
Title alternative
RIGHT OF RECOURSE TO A COURT WITHIN ADMINISTRATIVE LAW
Abstract
The paper focuses on the analysis of specific features of administrative law and administrative
tribunals, which influence the interpretation and application of the constitutional right to
turn to a tribunal for a decision in administrative law.
The constitutional right of recourse to court should be, in principle, understood equally in all
branches of law, i.e. in the whole legal system. However, administrative law has a specific function
and application, with the result that the activities of the administrative court are only secondary
in relation to the activities of the organs of public administration. Moreover, administrative decisions
are not of a substantive, but merely regulatory character. Consequently, the right of recourse
to a tribunal within that branch of law may be construed differently. While a right to instigate administrative
proceedings seems to be recognised, or legitimised, on the ground of legal interest, the
concept of a claim differs, and the structuring o f the 'dispute' before an administrative tribunal is
also different. The need for a different interpretation of the right to turn for an administrative decision does
not mean that that right is in any particular way, restricted. Certain limitations do, however, occur,
when it comes to more detailed regulations, which are analysed more thoroughly in the second
part of the paper concluding with a proposition that the currently binding regulations should be
gradually improved in order to ascertain a full and effective right of recourse to a court in administrative
law.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 2, s. 307-321.
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ISBN
ISSN
0035-9629